Chicago & Northwestern Railway Co. v. Galt

Citations

• 133 Ill. 657
• 23 N.E. 425
• 1890 Ill. LEXIS 1142

Syllabus

<p>1. Eminent domain—of the petition—the necessity for it—and its requisites. To put the court in motion, and give it jurisdiction in condemnation proceedings, a petition is, in general, necessary, and must be in conformity with the statute granting the right of condemnation. It should set forth, by appropriate averments, all such facts as are necessary to authorize the tribunal to act.</p> <p>2. The petition should show the use or the purpose for which the property is desired, and that it is within the statutory powers conferred. It should show a clear right to condemn the property described. The petition must not only show that the property is wanted for a public use, but also that it is for a use that is within the particular statute under which the proceedings are had.</p> <p>3. A petition by a railroad company to condemn land stated that the land sought was “needed by said company for their right of way, and for the alteration of River street, in said town of S.,” etc. The company, by its charter, was authorized to condemn only for railroad purposes,— not for streets: Held, that under such a petition the court could not condemn the whole or any part of the land for right of way, the use for which the property was sought being indivisible.</p> <p>4. So where a proceeding to condemn land shows upon its face that it is for two distinct uses or purposes, one of which is lawful and the other not, and the two purposes are so inseparably blended in the petition and orders as not to be capable of severance, it can not be sustained.</p> <p>5. Same—/or the particular purpose, only—as, for railroad purposes— railroad company laying out a public street. A provision in the charter of a railway company, that it “may, by its agents, engineers and surveyors, enter upon and take possession of and use all of such land and real estate as may be necessary and indispensable for the construction and maintenance of such railroad, and the appendages and accommodations requisite and ap